Punishment procedures under Section 24

Punishment procedures under Section 24 | Bangladesh Labor Act -2006:

(24 ) 1 "under section 23" No order of punishment shall be imposed against any worker unless —

(A) The allegation against him is made in writing;

(B) A copy of the allegation is given to him, and he is given at least seven days to submit his reply;

(C) He is given an opportunity for a hearing.

1[(D) He is found guilty after an investigation by an Enquiry Committee constituted with equal numbers of representatives of the owner and the workers:

Provided that, they said the investigation must be completed within sixty days;

(O) The owner or the management approves the order of dismissal.

(2) Any worker accused of misconduct may be temporarily suspended pending an investigation. Unless the matter is under trial in a court, the total period of such temporary suspension shall not exceed sixty days:

 2[Provided that, during such temporary suspension, the owner shall pay him a subsistence allowance, and he shall be entitled to other allowances at the full rate.]

(3) Any order of temporary suspension shall be in writing and shall be effective immediately upon being served to the worker.

(4) Any worker accused in an investigation may be assisted by any person employed in his establishment and nominated by him.

 

(5) If any party gives oral evidence in any investigation, the person against whom such evidence is given shall be entitled to cross-examine the witness.

(6) If a worker is found guilty in an investigation and is punished under Section

23(1) of this Act, he shall not receive any wages for the period of his temporary suspension, but he shall be entitled to his subsistence allowance for the said period.

(7) If a worker's offense is not proven in the investigation, he shall be deemed to have been in service during the period of temporary suspension, and his wages, including an adjustment for the subsistence allowance, shall be paid for that period.

(8) In case of imposing a punishment, a copy of the order of punishment must be given to the concerned worker.

(9) If any worker refuses to receive any notice, letter, charge-sheet, order, or any other document sent by the owner, it shall be understood that it has been delivered to him, provided that a copy of it is displayed on the notice board. Another copy is sent by registered post to the worker's address obtained from the owner's records.

(10) In the matter of imposing any punishment, the owner shall take into consideration the concerned worker's previous records, the gravity of the offense, his merit and contribution during the service period, and any other existing special circumstances.